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Full-Text Articles in Law
The New Law Of Gender Nonconformity, Naomi Schoenbaum
The New Law Of Gender Nonconformity, Naomi Schoenbaum
GW Law Faculty Publications & Other Works
A central tenet of sex discrimination law is the protection of gender nonconformity: unless a feature of biological sex requires it, regulated entities may not expect that individuals will conform their gender performance to the stereotypes of their sex. This doctrine is critical to promoting the anti-stereotyping aims of sex discrimination law by allowing gender nonconformers from aggressive women to caregiving fathers to challenge expectations that would limit them to the gender performance that accords with their sex. Courts have extended gender nonconformity protection to transgender persons in cases where discrimination is due to gender performance.
Notwithstanding its partial success, …
The Family And The Market At Wal-Mart, Naomi Schoenbaum
The Family And The Market At Wal-Mart, Naomi Schoenbaum
GW Law Faculty Publications & Other Works
The Supreme Court’s decision in Wal-Mart Stores v. Dukes received much attention for what it means for collective litigation. Far less attention has been paid to what the case reveals about sex discrimination law. This symposium contribution uses an overlooked aspect of the Dukes case — the challenge to Wal-Mart’s relocation policy — as a lens to explore employment discrimination law’s failure to adequately take account of employees’ families in a way that further entrenches the family-market divide and seriously hinders the promise of sex discrimination law.
The challenge to the relocation policy exposes how employment discrimination law simultaneously pays …
Gender Equality: States As Laboratories, Dawn C. Nunziato
Gender Equality: States As Laboratories, Dawn C. Nunziato
GW Law Faculty Publications & Other Works
Two decades ago, the calls of women’s groups for gender equality captured the attention of the legislatures, the courts, and the academy. “Liberal” feminist theorists called for the passage of the federal Equal Rights Amendment (“ERA”) and advocated the Supreme Court’s application of heightened scrutiny to gender classifications. Meanwhile, “radical” feminist theorists claimed that the liberal approach would achieve mere formal equality or equality of treatment between men and women but would not establish women’s actual equality in society. These radical theorists called for more extensive, affirmative government measures to achieve substantive equality for women.
The states’ failure to ratify …